Loadholt
(PC) Patton v. Loadholt
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY L. PATTON, No. 2: 19-cv-0451 KJM KJN P Plaintiff, v. ORDER F.N.P. LOADHOLT, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for appointment of an impartial expert pursuant to Federal Rule of Evidence 706. (ECF No. 60.) For the reasons stated herein, plaintiff’s motion for appointment of an impartial expert is denied. Legal Standard The court has the discretion to appoint an expert pursuant to Rule 706(a) of the Federal Rules of Evidence. In relevant part, Rule 706 states that “[o]n a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed...” Fed. R. Evid. 706(a). Pursuant to Rule 702, “a witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form…